Provisional release ordered for imported consignments declared as body massagers; selective detention over obscenity inconsistent without uniform CBIC...
ITAT allowed the appeal, set aside the PCIT's revisionary order under s.263 and upheld the AO's assessment. The Tribunal held excess cash and stock revealed in survey were properly treated as business income after the assessee answered specific inquiries and the AO conducted an inquiry; invocation of s.115BBE was not mandatory. Because the AO took a plausible view, the requisite twin conditions for exercise of s.263-(i) that the assessment order is erroneous, and (ii) that it is prejudicial to Revenue-were not satisfied. Applying the principle that where two views are possible the one favourable to the assessee prevails, the PCIT's revision was quashed.
ITAT allowed the appeal, set aside the PCIT's revisionary order under s.263 and upheld the AO's assessment. The Tribunal held excess cash and stock revealed in survey were properly treated as business income after the assessee answered specific inquiries and the AO conducted an inquiry; invocation of s.115BBE was not mandatory. Because the AO took a plausible view, the requisite twin conditions for exercise of s.263-(i) that the assessment order is erroneous, and (ii) that it is prejudicial to Revenue-were not satisfied. Applying the principle that where two views are possible the one favourable to the assessee prevails, the PCIT's revision was quashed.
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